Written question WQ87870

There is a limited power within the NHS legislation which, in effect could enable me to remove Executive Board members from the board. An intervention order under section 26 of the NHS (Wales) Act enables the Welsh Ministers to remove from office all the members of an LHB or only those specified in the order. This can include officer members. However, there is no power under section 26 to terminate the employment by the LHB of an officer member removed from the Board.

This would mean that they were not able to attend a Board meeting as member. However, this would not automatically terminate their employment. They would still remain employed by the health board, holding their current roles, remit portfolio and responsibilities.

Therefore, exercising the power to remove the voting rights of some or all executive members would be completely impractical. Whether or not I could technically stop them from sitting around the Board table is not the main issue. I do not have the power to dismiss them from their jobs and they hold those positions on the board because of their roles within the health board.

As I have said before, I am not the employer of the Executives, they rightly have employment rights and these must be respected and any decisions taken by their employer must be supported by sound evidence. NHS legislation does not enable me to sack the Executives; these decisions are a matter for their employer.

This is the right and proper way to handle the concerns raised about the Executive members of Boards whilst respecting people's employment rights and ensuring that everyone is treated with fairness, dignity and respect.